And Whereas no portion of the monies voted was disbursed during the year ending the 31st December last ;
And Whereas for the payment out of such monies or any portion thereof after the said 31st day of December a Vote or Revote by this Council was requisite and His Excellency the Governor had no authority, except perhaps, in a case of extreme necessity to issue his warrant for, or in any way authorise such payment without such Revote;
And Whereas at the meeting of Council held on the 30th day of April last His Excel- lency the Governor, Sir GEORGE WILLIAM DES VOUX, in his place in Council, stated in reply to a question that he had on the 21st February last on his own responsibility and without the authority of this Council by his Warrant, directed payment out of the Colonial Treasury of this said sum of Twenty thousand Pounds Sterling, additional Military Contribution in respect of the year 1890 ;
And Whereas it has not been shown to this Council that any adequate or any urgent necessity existed for the payment of the said monies on that date without the authority of this Council, and no sufficient reason has been assigned or explanation given for not calling together this Council and obtaining a Revote of the Money;
Now therefore, we the undersigned Unofficial Members of Council, in our places in Council, as the Representatives of the public interest and as the lawfully constituted Guar- dians of the public purse, and for the preservation of the rights of this Honourable Council, solemnly protest against the action of His Excellency the Governor in issuing his warrant, without the authority of this Council, for the payment of the said sum of Twenty thousand Pounds Sterling, additional Military Contribution and against the payment of the said
monies.
We have further most earnestly to protest against the action of His Excellency the Governor in concealing from this Council until its meeting on the 30th April last, and until a question had been put on the subject, the fact that this money had been paid, on his autho- rity, on the 21st of February last; in laying on the Council table, on the 25th February last, a Minute recommending the Revote of the Council, of this additional Military Contribution for 1890, the Minute being silent as to the payment of the money; in permitting this Council to discuss, in Finance Committee on the 25th February, and in full Council on the 5th and 19th March in his own presence, the question whether this money should or should not be revoted, the Council being deliberately left in ignorance of the fact that the money had already, on the 21st February, been paid out of the Colonial Treasury, and that it was beyond recall.
We pray that this our Protest may be recorded on the Minutes of this Council and may be forwarded to the Right Honourable the Secretary of State for the Colonies.
Legislative Council Chamber,
Hongkong, 7th May, 1891.
P. RYRIE.
Η ΚΑΙ.
T. H. WHITEHEAD.
The Honourable T. H. WHITEHEAD gave notice that at next meeting of Council he would ask the following questions :~~
With reference to the explanation given by His Excellency Sir G. William Des Vœux at the Council Meeting held on the 30th April last, in connection with the payment of the arrears of the Military Contribution for 1890 without the sanction of the Council, will the Govern- ment lay upon the table a copy of the telegram or telegrams from the Secretary of State on the authority of which the money was paid?
Will the Government lay upon the table a copy of the Despatches, referred to in the Acting Colonial Secretary's letter of 13th instant to the Honourable P. Ryrie, received from the Right Honourable the Secretary of State for the Colonies, conveying His Lordship's views and instructions in regard to the increased salaries voted in the 1891 Estimates, and state the date on which the same were received, also a copy of Governor Sir G. William Des Voeux's telegram dated 25th ultimo to the Secretary of State referred to in the said letter together with a copy of the telegram received from the Secretary of State in reply?
Will the Government lay upon the table a copy of the despatch dated 2nd September last of His Excellency the Officer then Administering the Government to the Right Honourable the Secretary of State for the Colonies in connection with the proposed Share Sale Regul ition Bill, and a copy of the Secretary of State's despatch in reply?
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